Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-05-02
MUST ELECT.
Speeches on the Duty of the Legislature
Pres. Prices Able Remarks.

Pres. Prices ADle
| Special Tllcgrdm 10 The Register.
CHARLESTON, w. Va, May LIN the
Senate Saturday when Senate Joint Reso-
luton No. > was under consideration,
which resolution committed the Legisla-
ture to the election of a United States Sen
ator, Judge Maxwell took the position that
| under the Federal Constitution the Legis-
latures are the constituencies of the Sell
ators representing the various States and
that the Legislatures alone have the power
primarily to elect Senators and lquOt-
ing the constitutional provision
if vacancy happens by
resignation or otherwise during the recep-
ton OF the Legislature OF any State, the
executive thereof shall make temporary
appointments until the next meeting OF the
Legislature, which shall then fill such
g..oansies, He maintained that che word
happen" is she controlling word in this
constitutional provision, and that it means
vacancy that comes unforeseen and unan-
ticipated To the Legislature, whose duty il
is to fill such vacancy, and that if il is a
! vacancy which could be anticipated, Or
which could be the result of the failure
| of a Legislature to do its duty the Gov
ernor had no authority to till ii by ap-
pOintment, and that, therefore, the COM
mission issued TO Mr.. Lucas was without
power, null and void from the beginning;
that when the question was first raised in
| 1901, in the Uriah Tracy case, the point
was settled differently, Tracy having been
admitted to a seat in the Senate ny vote
of l3 to 10, and the rule rs then laid down
was never questioned until in 1926, when,
| in the I.auman case, the Tracy case was
raised. and the view taken in that case
| land which was that advanced by the
Judge had never since that time been de
parted from; that although the commits
| sion to Mr.. Lucas may have been properly
issued il had been vacated by the meet
ing of the Legislature, and cited several
! cases decided by the Senate of the United
States in judicial capacity which sus-
| tanned his position. He maintained that
the powers of the Legislature were linn
| tied by the call of the Governor so far rs
its legislative acts were concerned
to the subject specified in the call
| but that the Legislature derived
| its powers with respect to the election OF
! "A Senator from the Constitution of the
| United States and the act of Congress in
pursuance thereof and that the Legisla-
| ture had no power over that subject until
| the arrival of the day named in the act OF
| Congress, which would be next Tuesday,
and ii the Legislature was kept here until
! that time in an attempt to discharge its
other duties, it would be- its duty to vote
| for n Senator and TO continue tOdO 50 once
every day as long as it remained in ses-
| sion. but in the California case which
was the only precedent in case
| like this No steps We're taken in respect TO
the election until the day fixed by the act
| of Congress when the Senate met at half
after II o'clock in the morning, and the
House at o'clock in the morning and pro-
ceeded with the election. He also main
tanned that the subject had already been
considered and acted upon by the present
Legislature in adopting the joint rules for
| the government of the two houses of the
Legislature, which, in effect, provide that
the two houses shall meet in Joint assem-
bly, on next Wednesday and ballot for
United States Senator; and that therefore
he thought it useless to consider or adopt
| the pending resolution.
On the same subject, President Price
took the floor and spoke As follows: THE
question is of so much Importance that
those who have decided views ought to ex-
press them. 1t is not simple political
question, but question of duty, and
should be considered without regard TO
the result shall discuss it as purely a
question flaw. The whole matter turns
on the construction of the Constitution of
the United States. That Constitution Is
the supreme law of the land. This is pro-
vided in the Constitution itself, and is ad-
mitted on all hands. The following are
the provisions relating to the election Of
United States Senators:
Article /, section 3. The Senate Of the
United States shall he composed of two
Senators from each State, chosen by the
Legislature thereof for six years, and if
vacancy happen By resignation or other
wise during the recess of the Legislature
of any State, the executive thereof may
make temporary appointments until the
next meeting Of the Legislature, which
shall then I'LL vacancies,
sArtiele I, section 4. The times, places
and manner of holding elections for Sena-
tors and Representatives shall be pre-
sented in each State by the Legislature
thereof, but the Congress may at any
time, by law make or alter such regula
tiOns, except as to the plans of choosing
Senators.
There Is nothing in our State Constitu-
ton aboVt eleeting United States Senator'S
The str ure Of the Federal Government
was n Sarily the first thing provided for
in Institution of the United States
y Hnment WAS divided into &lFee
The e legislatixes sa-